Search results for: Processing Time

The U.S. Department of Labor (DOL) recently posted the April 2023 edition of their monthly updates regarding DOL processing times for permanent labor certification applications (PERM) and prevailing wage determination (PWD) requests, both important components of the most common employment-based green card route.

As of March 31, 2023, the DOL was adjudicating PERM applications filed in July 2022 and earlier, and was conducting audit reviews on applications filed in April 2022 and earlier. Further, the DOL was reviewing reconsideration requests and appeals filed in July 2022 and earlier. In this latest update, the DOL also provided the average number of days to process PERM applications for initial analyst review (271 days) and for audited cases (402 days).

The table below provides a comparison of DOL’s processing times in the April 2023 update (showcasing processing times for March 2023) with their processing times update in March 2023 (showcasing processing times for February 2023) and in April 2022 (showcasing processing times for March 2022).

DOL Processing Times UpdateCalendar Days for Analyst Review (no audit)Calendar Days for PERM cases receiving an audit
April 2023 update (March 2023 data)271402
March 2023 update (February 2023 data)264383
April 2022 update (March 2022 data)182283

As shown in the chart above, DOL’s average PERM processing times have increased significantly over the span of a year and continue to trend upwards. Employers should consider initiating PERMs well in advance. For time-sensitive cases, employers should consider alternative employment-based green card routes that do not require a preliminary labor market test and PERM filing with the DOL.

A complex combination of the pandemic and USCIS’s ever-increasing processing times has chained E-3 visa holders in the United States to their current employers. The E-3 visa is a special category for Australian nationals seeking to work in the United States in a specialty occupation. Generally speaking, specialty occupations are those which require at least a bachelor’s degree or higher for entry.

The E-3 visa was an outgrowth of the Australia-U.S. Free Trade Agreement (AUSFTA), although it is not enshrined directly within the AUSFTA. Rather, the E-3 visa was created via legislation which amended the Immigration and Nationality Act as reciprocity for the ability of Americans to obtain work visas in Australia. The E-3 visa is attractive for Australian nationals because it permits spouses to obtain work authorization (unlike its specialty occupation counterpart the H-1B visa), and it is renewable indefinitely in two-year increments.

Virtually all E-3 visa extension-of-stay and change-of-employer applications also happen at a consular location, usually in Australia, rather than through USCIS. This is because the consular E-3 process is faster and more efficient than applying via USCIS. Normally (when not in the midst of a pandemic), an applicant can take a short trip to Australia and obtain a new visa, whereas E-3 applications via USCIS cannot be premium processed, can take months to adjudicate, and do not grant the travel permission to reenter the United States. Furthermore, E-3 change-of-employer applications filed with USCIS must be approved before the applicant can start work for the new employer. This trend is borne out in the statistics,—in fiscal year 2019 before the pandemic, 5,807 E-3 visas were issued by the Department of State. In comparison, USCIS has not reported the number of USCIS E-3 applications adjudicated in recent years, lending credence to the notion that such applications are extremely rare.

As has been widely reported, the pandemic has caused widespread and long-lasting disruptions to consular services worldwide, with few, if any, consular locations processing routine visas. Routine consular services in Australia were first reduced and then suspended at the beginning of the pandemic and have yet to resume at scale. Without the option for E-3 visa applicants to travel to Australia to attend an E-3 visa interview at a consulate, E-3 visa holders must file an extension-of-stay or change-of-employer application with USCIS. Because E-3 visa holders are forced to file with USCIS, the pandemic’s impact has been exacerbated for such visa holders due to longstanding issues with USCIS processing times.

Stretching back to early 2018, processing times at USCIS spiked exponentially for all application types. The American Immigration Lawyers Associated reported in 2019 that average case processing time surged 46% from 2017 to 2019 and 91% since 2014. While much has been written on USCIS’s issues in this regard, the combination of processing time issues and pandemic consular closures has put E-3 visa holders in a virtually impossible situation with respect to employment.

Effectively, an E-3 visa holder cannot currently change his or her employer without an extended delay. USCIS’s posted processing times for E-3 applications are currently approximately five to seven months, and such applications cannot be premium processed. While recent legislation authorized the Department of Homeland Security to grant premium processing to E-3 applicants, it has not been implemented yet. Thus, employers seeking to hire an E-3 visa holder in the United States would have to wait five to seven months for an application to be approved before an employee starts work, something which is extremely unlikely. Furthermore, if an E-3 visa holder tries to change their employer by applying via a consular location in Australia, they will have to run the gamut of quarantine requirements, travel restrictions, potential lockdowns, flight disruptions, and consular appointment availability, which also can delay the visa process by many months.

The net effect is that E-3 visa holders face a de facto bar on changing employers during the pandemic. Permitting E-3 visa applications to be premium processed or establishing portability provisions similar to those granted to H-1B visa holders are possible solutions, but neither will likely be effective prior to the end of the pandemic. The silver lining is that the pandemic has exposed this as an area to be reformed (one area of many exposed by the pandemic) to ensure the proper functioning of our immigration system and employee mobility during a future pandemic or period of travel restriction.

U.S. Citizenship and Immigration Services (“USCIS”) has announced that there will be an adjustment to the filing fees for certain applications and petitions requesting an immigration benefit. The new fees will be effective on Oct. 2, 2020.  These fees have been adjusted to cover the full cost of providing adjudication and operating costs. Moreover, USCIS will increase the premium processing timeframe from 15 calendar days to 15 business days. The new proposed fees reflect some increases, but also some decreases in fees, as outlined below. Significant changes for the business immigration community include:

  1. I-129 H-1B petitions: Increase from $460 to $555
  2. I-129 L-1 petitions: Increase from $460 to $805
  3. I-129 O-1 petitions: Increase from $460 to $705
  4. I-129 TN petitions: Increase from $460 to $695
  5. I-140 petitions: Decrease from $700 to $555
  6. Adjustment of status applications: Decrease from $1140 to $1130
  7. I-539 applications: Increase from $370 to $390
  8. I-765 applications: Increase from $410 to $550 for non-DACA EADs
  9. Naturalization applications: Increase from $640 to $1160
Immigration Benefit Request Current Fee Final Fee Change ($) Percentage Change
I-90 Application to Replace Permanent Resident Card (online filing) $455 $405 -$50 -11 percent
I-90 Application to Replace Permanent Resident Card (paper filing)

 

$455

 

$415

 

-$40

 

-9 percent
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

 

$445

 

$485

 

$40

 

9 percent
I-129 Petition for a Nonimmigrant worker $460 N/A N/A N/A
I-129CW, I-129E&TN, and I-129MISC $460 $695 $235 51 percent
I-129H1 $460 $555 $95 21 percent
I-129H2A – Named Beneficiaries $460 $850 $390 85 percent
I-129H2B – Named Beneficiaries $460 $715 $255 55 percent
I-129L $460 $805 $345 75 percent
I-129O $460 $705 $245 53 percent
I-129H2A – Unnamed Beneficiaries $460 $415 -$45 -10 percent
I-129H2B – Unnamed Beneficiaries $460 $385 -$75 -16 percent
I-129F Petition for Alien Fiancé(e) $535 $510 -$25 -5 percent
I-130 Petition for Alien Relative (online filing) $535 $550 $15 3 percent
I-130 Petition for Alien Relative (paper filing) $535 $560 $25 5 percent
I-131 Application for Travel Document $575 $590 $15 3 percent
I-131 Refugee Travel Document for an individual age 16 or older $135 $145 $10 7 percent
I-131 Refugee Travel Document for a child under the age of 16 $105 $115 $10 10 percent
I-131A Application for Travel Document (Carrier Documentation) $575 $1,010 $435 76 percent
I-140 Immigrant Petition for Alien Worker $700 $555 -$145 -21 percent
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)

 

$930

 

$790

 

-$140

 

-15 percent
I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP)4 $585

 

$1,400

 $815 139 percent
I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) $930 $470 51 percent
I-193 Application for Waiver of Passport and/or Visa $585 $2,790 $2,205 377 percent
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

 

$930

 

$1,050

 

$120

 

13 percent
I-290B Notice of Appeal or Motion $675 $700 $25 4 percent
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435 $450 $15 3 percent
I-485 Application to Register Permanent Residence $1,140 $1,130 -$10 -1 percent
or Adjust Status5 $750 $380 51 percent
I-526 Immigrant Petition by Alien Investor $3,675 $4,010 $335 9 percent
I-539 Application to Extend/Change Nonimmigrant Status (online filing) $370 $390 $20 5 percent
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) $370 $400 $30 8 percent
I-589 Application for Asylum and for Withholding of Removal $0 $50 $50 N/A
I-600/600A Adoption Petitions and Applications $775 $805 $30 4 percent
I-600A Supplement 3 Request for Action on Approved Form I-600A N/A $400 N/A N/A
I-601 Application for Waiver of Ground of Excludability $930 $1,010 $80 9 percent
I-601A Provisional Unlawful Presence Waiver $630 $960 $330 52 percent
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)

 

$930

 

$515

 

-$415

 

-45 percent
I-687 Application for Status as a Temporary Resident $1,130 $1,130 $0 0 percent
I-690 Application for Waiver of Grounds of Inadmissibility $715 $765 $50 7 percent
I-694 Notice of Appeal of Decision- $890 $715 -$175 -20 percent
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)

 

$1,670

 

$1,615

 

-$55

 

-3 percent
I-751 Petition to Remove Conditions on Residence $595 $760 $165 28 percent
I-765 Application for Employment Authorization (Non-DACA) $410 $550 $140 34 percent
I-765 Application for Employment Authorization (DACA only) 6 $410 $410 $0 0 percent
I-800/800A Adoption Petitions and Applications $775 $805 $30 4 percent
I-800A Supplement 3 Request for Action on Approved Form I-800A $385 $400 $15 4 percent
I-817 Application for Family Unity Benefits $600 $590 -$10 -2 percent
I-824 Application for Action on an Approved Application or Petition $465 $495 $30 6 percent
I-829 Petition by Investor to Remove Conditions $3,750 $3,900 $150 4 percent
I-881 Application for Suspension of Deportation or $285 $1,810 $1,525 535 percent
Special Rule Cancellation of Removal7 $570 $1,240 218 percent
I-910 Application for Civil Surgeon Designation $785 $635 -$150 -19 percent
I-924 Application For Regional Center Designation Under the Immigrant Investor Program

 

$17,795

 

$17,795

 

$0

 

0 percent
I-924A Annual Certification of Regional Center $3,035 $4,465 $1,430 47 percent
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant $230 $1,485 $1,255 546 percent
N-300 Application to File Declaration of Intention $270 $1,305 $1,035 383 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing)

 

$700

 

$1,725

 

$1,025

 

146 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing) $700 $1,735 $1,035 148 percent
N-400 Application for Naturalization (online filing) $640 $1,160 $520 81 percent

 

N-400 Application for Naturalization (paper filing)8

 $640

 

$1,170

 $530 83 percent
$320 $850 266 percent
N-470 Application to Preserve Residence for Naturalization Purposes $355 $1,585 $1,230 346 percent
N-565 Application for Replacement Naturalization/Citizenship Document (online filing)

 

$555

 

$535

 

-$20

 

-4 percent
N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) $555 $545 -$10 -2 percent
N-600 Application for Certificate of Citizenship (online filing) $1,170 $990 -$180 -15 percent
N-600 Application for Certificate of Citizenship (paper filing) $1,170 $1,000 -$170 -15 percent
N-600K Application for Citizenship and Issuance of Certificate (online filing) $1,170 $935 -$235 -20 percent
N-600K Application for Citizenship and Issuance of Certificate (paper filing) $1,170 $945 -$225 -19 percent
USCIS Immigrant Fee $220 $190 -$30 -14 percent
Biometric Services (Non-DACA)9 $85 $30 -$55 -65 percent
Biometric Services (DACA only)10 $85 $85 $0 0 percent
G-1041 Genealogy Index Search Request (online filing) $65 $160 $95 146 percent
G-1041 Genealogy Index Search Request (paper filing) $65 $170 $105 162 percent
G-1041A Genealogy Records Request (online filing) $65 $255 $190 292 percent
G-1041A Genealogy Records Request (paper filing) $65 $265 $200 308 percent

 

USCIS released telling data containing average processing times per form and petition type for fiscal years 2014 to 2018. While the normal pendency period for almost every type of case has increased since 2014, there have been significant delays for certain types of petitions. Foreign nationals seeking green cards have experienced longer wait times than foreign nationals benefitting from a non-immigrant visa petition. The numbers show that the change in the length of adjudication period has been especially significant over the past two years.

USCIS does not depend on government funding but is financed by fees collected in connection with the filing of each petition/application. Congress has enabled USCIS to recover the full cost of immigration-benefit processing and to set fees accordingly. This should provide for a direct correlation between case load and the monetary support necessary to facilitate the adjudication of these cases. However, in its annually mandated report to Congress last year, USCIS cited an inability to reconcile its fee structure with an increase in the complexity of cases. USCIS names new statutory and policy decisions in addition to extra security screenings as some of the reasons why cases are taking longer for the agency to adjudicate.

On Feb. 12, 2019, 86 Congress members wrote to the director of USCIS about their concerns regarding these processing delays. They asked that USCIS provide more transparency in its adjudication procedures and take the steps necessary to address, reduce, and prevent future delays.

Below are the statistics regarding the most common petitions/applications in business immigration:

Average Processing Time (in months)

The long processing times for immigrant petitions and immigrant-petition-based benefits (sought through the filing of Forms I-485, I-131, and I-765) are likely to cause issues for some foreign nationals. Employers seeking to file for permanent residency for their employees already working in the United States must plan to do so far in advance, allowing sufficient time for these applications to process before their employees’ nonimmigrant status will expire.

For more on processing time, click here.

On March 14, USCIS released an Inspector General’s report on Green Card Processing Times.   The report found that green card processing times exceeded the existing 120-day goal by taking an average of 282 days to complete. The report identified processing times are greatly affected by interviews and vetting occurring at USCIS.

The report made two specific recommendations which USCIS concurred:

Recommendation 1: Implement plans to present information on the USCIS website that more accurately reflects the length of the adjudication process for green card applications, so the website information is clear and helpful to stakeholders.

Recommendation 2: Reassess the current green card application processing time goal of 120 days to determine whether it is reasonable and realistic and increase the timeframe if necessary.

OIG Analysis: We consider USCIS’ planned actions responsive to the recommendation, which is resolved and open. We will close this recommendation upon receiving USCIS’ decision regarding any changes to the goal for processing green card applications and the rationale behind the decision, including analysis of the newly calculated processing times.

U.S. Customs and Border Protection (CBP) has announced optimized processing procedures at fourteen ports-of-entry, including four pre-clearance locations, for Canadian citizens seeking TN or L status for the first time. This initiative is designed to increase customer satisfaction, decrease wait times and allow CBP to effectively deal with increased volume of Canadian TN and L applicants. Although first-time Canadian TN and L applicants may go to other ports for processing, CBP is encouraging applicants to go through one of the designated ports below for optimized processing: Continue Reading CBP Announces Optimized Processing for First-Time Canadian TN and L Applicants

Recent reports from the American Immigration Lawyers Association (AILA) indicate that the U.S. Department of State may be preparing a restructuring of visa processing operations across Africa, reducing the number of embassies and consulates authorized to process visa applications from approximately 50 posts to 20 regional “hub” locations. According to reports citing an internal State Department memorandum, the changes could be implemented as early as this month. The State Department  has not yet formally announced the policy, but the proposal reflects a broader trend of increased scrutiny, centralized adjudications, and reduced visa processing capacity that employers and foreign nationals have experienced over the past year. 

Why This Matters 

If implemented, applicants in countries without a designated visa-processing hub may be required to travel to another country for visa interviews and processing. Reports suggest that non-hub posts would continue providing services for U.S. citizens, emergency matters, diplomatic visas, and certain national-interest cases, but routine immigrant and nonimmigrant visa processing would be concentrated at designated regional locations. 

For employers, this development could create additional challenges when sponsoring employees for U.S. work visas.  Individuals seeking H-1B, L-1, O-1, E, and other employment-based visas may face: 

  • Longer wait times for visa appointments; 
  • Increased travel costs and logistical burdens; 
  • Additional visa appointment backlogs at designated hub posts; 
  • Greater uncertainty when planning international travel and onboarding timelines; and 
  • Potential disruptions for employees who require visa renewals while abroad. 

These challenges may be particularly important for multinational employers with operations throughout Africa, as visa processing may become concentrated in a limited number of regional locations. 

Visa Processing Becoming More Regionalized 

The reported changes are consistent with a larger pattern in global mobility and consular processing. Over the last several years, employers have increasingly encountered visa appointment shortages, post-specific processing restrictions, expanded security vetting, and shifting consular policies. Centralizing visa processing into regional hubs may allow the government to concentrate resources and standardize adjudications, but from the applicant’s perspective, this may result in additional planning, longer lead times, and less flexibility when urgent travel is required. For companies that rely on international talent, visa processing should be incorporated into workforce planning earlier in the immigration process rather than treated as a final administrative step after petition approval.  

Planning Ahead 

Although details remain limited and implementation timelines have not been officially confirmed, employers with employees or candidates located in Africa should begin evaluating the potential impact now. 

Practical steps may include: 

  • Identifying employees who may require visa stamping within the next 12 months; 
  • Building additional lead time into international assignments and transfers; 
  • Evaluating travel risks before employees depart the United States; 
  • Considering alternative personnel for business-related travel; and 
  • Monitoring further Department of State announcements regarding implementation of the proposed hub system. 

The practical impact of these changes may not be fully understood until the policy is operational. If the reported reduction in processing posts moves forward, it may increase processing complexity and travel burdens for many visa applicants across the continent. 

Over the last few years, premium processing – the expedited processing service available for certain U.S. Citizenship and Immigration Services (USCIS) petitions and applications – has undergone several changes. Premium processing is now available for some student applications, and different fees and timeframes apply to different petition and application types. Historically, upon filing an eligible petition or application with the required fee, the petitioner or applicant would receive an email receipt within a few business days, and the petition or application would be adjudicated within the applicable timeframe. However, over the past year – and with increasing frequency in recent months – petitioners and applicants report that certain premium processing norms have shifted, even as the premium processing fee has increased and the standard adjudication timeframe changed from 15 calendar days to 15 business days.

Recent Developments

Email receipt notices are no longer consistently arriving within one to two business days. In some cases, they may take a full week to arrive, and when they do, they might reflect a receipt date that is several days after the filing’s delivery date. That receipt date is also subject to change. Petitioners and applicants can monitor the USCIS online case status portal throughout the adjudication period, as the start date of the mandatory premium processing adjudication period may change.

If a beneficiary holds the nationality of one of the 39 countries currently subject to a travel ban and is subject to the current adjudication pause, USCIS may reject the premium processing request. In those circumstances, the premium processing fee may not be returned at the time of rejection. When an inquiry is made, petitioners and applicants have been advised by the USCIS that the fee may be returned upon completion of the petition’s adjudication. Given the adjudication pause, however, the timing of adjudication is uncertain.

In some cases, a beneficiary or applicant may be subject to additional security review – a process similar to that applied when applying for a visa at a U.S. embassy or consulate. When additional security review is triggered, USCIS may exceed the premium processing adjudication period by several months or more. Status inquiries submitted through the premium processing email channel have received responses indicating that the petition is under review and that a timeframe for adjudication cannot be provided.

Employers and applicants should be aware of these developments when evaluating whether to file with premium processing. Consulting with immigration counsel before making that decision may be beneficial given the factors described above.

The U.S. State Department has announced a temporary halt on immigrant visa processing for applicants from 75 countries, effective Jan. 21, 2026. This pause comes as the department reassesses its vetting procedures under existing immigration law, specifically focusing on the public charge rule — a determination of whether an applicant is likely to require long-term financial or healthcare support from the U.S. government.

Who Does This Impact?

The full list of 75 countries comprises Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Why the Pause?

The directive aims to prevent the entry of foreign nationals deemed likely to rely on U.S. welfare or public benefits. This move follows increased scrutiny of public charge rules and broader immigration policy changes under the current administration.

Key Points for Applicants and Employers

  • The government will pause visa decisions starting Jan. 21, 2026.
  • Applicants from affected countries may be able to expect delays and should consider alternative strategies.
  • Employers relying on foreign talent may need to adjust timelines and explore contingency plans.

What Happens Next?

The State Department may release more details soon. For now, applicants and businesses should stay informed and may wish to consult with immigration counsel to navigate this evolving situation.

On Dec. 2, 2025, USCIS issued a policy memorandum PM-602-0192 directing officers to place an adjudicative hold on

  1. all pending asylum applications (Form I-589), regardless of nationality, and;
  2. most pending immigration benefit requests – such as green cards, adjustment of status, travel documents, naturalization, etc. – filed by nationals of 19 countries designated as “high risk,” regardless of the entry date.

For nationals from above-mentioned 19 “high-risk” countries, the memorandum also mandates a comprehensive re-review of certain previously approved or pending cases if the applicant entered the United States on or after Jan. 20, 2021. This may include re-interviews, additional vetting, identity verification, or further security-based screenings.

The 19 “high risk” countries include: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

This policy is grounded in Presidential Proclamation 10949 (June 4, 2025), Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, as known as the “travel ban,” and Executive Order 14161 (Jan. 20, 2025), Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, both of which emphasize enhanced national security review of foreign nationals from certain jurisdictions.

Why the Administration Implemented this Policy

The Memorandum cites two recent incidents involving foreign nationals accused of planning and attempting terrorist activity after entering the United States. USCIS notes that gaps in prior screening measures necessitate a broad reassessment of individuals from certain regions.

Impact on Affected Applicants

USCIS acknowledges that the hold and re-review requirements will slow adjudications, even significantly, but asserts that the delay is justified given the national security rationale. Applicants who have pending immigration benefits request may expect delays. The Memorandum also allows USCIS to require interviews for applicants who ordinarily would not need one. Though this policy does not automatically deny applications, adjudications will not resume until USCIS completes its review and issues implementing guidance. Applicants should also be aware that identity-related issues will receive heightened scrutiny. Inability to establish identity or inconsistent documentation may independently trigger ineligibility under the Immigration and Nationality Act (INA).

Practical Considerations for Affected Applicants

Nationals of the 19 “high-risk” countries may wish to:

  • Prepare for extended adjudication timelines;
  • Expect possible requests for re-interviews or additional evidence;
  • Ensure identity documents are complete and consistent; and
  • Consult counsel before international travel, especially where advance parole or re-entry permits are on hold.

Asylum applicants of any nationality should:

  • Monitor for updated operational guidance, which USCIS states will be issues within 90 days; and
  • Acknowledge that no asylum applications will move forward until USCIS lifts the hold.

Takeaways

This Memorandum represents the broadest national-security-based pause on immigration benefits since the “travel ban era.” USCIS states that the hold will remain in effect until lifted by a superseding directive from the USCIS director. It also emphasizes that this policy does not create individual rights or enforceable benefits. Given the scope of the pause, the enhanced security vetting it requires, and its overlap with prior travel ban, this policy may influence adjudications for a considerable period. USCIS has committed to issuing additional operational guidance within 90 days, which will determine how these reviews are implemented in practice and how quickly any movement on pending cases may resume.